S1311

An Act establishing the New Jersey State Parks and Forests Foundation, and supplementing Title 13 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Development” or “develop” means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

“Qualifying tax exempt nonprofit organization” means a nonprofit organization that is exempt from federal taxation pursuant to section 501 (c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501 (c)(3), and which qualifies for a grant pursuant to section 27 P.L.1999, c.152 (C.13:8C-27).

“Recreation and conservation purposes” means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

“State parks and forests” means the same as that term is defined in section 3 of P.L.1983, c.324 (C.13:1L-3).

“Stewardship activity” means the same as that term is defined in section 3 of P.L.2016, c.12 (C.13:8C-45).

2. a. There is established in the Department of Environmental Protection a nonprofit, educational, and charitable organization to be known as the New Jersey State Parks and Forests Foundation. The foundation shall be devoted to the raising of funds for the support, including maintenance and development, and promotion of New Jersey’s State parks and forests.

b. The foundation shall be incorporated as a New Jersey nonprofit corporation pursuant to P.L.1983, c.127 (C.15A:1-1 et seq.), and shall be organized and operated in such manner as to be eligible under applicable federal law for tax-exempt status and for the receipt of tax-deductible contributions.

c. The New Jersey State Parks and Forests Foundation shall be governed by a board of directors, which shall consist of nine members, as follows:

(1) one representative from the Governor's office, who shall be appointed by, and shall serve during the term of, the Governor;

(2) the Commissioner of Environmental Protection, or the commissioner’s designee, who shall serve ex officio;

(3) the chairperson of the Garden State Preservation Trust established pursuant to section 4 of P.L.1999, c.152 (C.13:8C-4), or the chairperson’s designee, who shall serve ex officio; and

(4) six members of the public, appointed by the Governor, with the advice and consent of the Senate, who shall have expertise in open space preservation, natural lands management, or fundraising, and be residents of the State. Of the members appointed pursuant to this paragraph, at least three shall represent nonprofit organizations having open space preservation or environmental education as their corporate purpose.

No person holding elective public office shall be eligible to be a member of the board of directors.

d. Of the public members first appointed pursuant to paragraph (4) of subsection c. of this section, one shall be appointed to a term of one year, two shall be appointed to a term of two years, two shall be appointed to a term of three years, and one shall be appointed to term of four years. Following the expiration of the original terms, the public members shall serve for a term of four years and are eligible for reappointment. Any vacancy shall be filled in the same manner as the original appointment, for the unexpired term. A public member may continue to serve until their successor is appointed.

e. No member of the board of directors shall engage in any business transaction or professional activity for profit with the New Jersey State Parks and Forests Foundation.

f. Members of the board of directors shall serve without compensation, but shall be entitled to reimbursement for necessary expenses incurred in the performance of their duties.

g. The board of directors of the New Jersey State Parks and Forests Foundation shall be authorized, within the limits of its own funds, to employ an executive director and professional, technical, and administrative personnel. Employees of the foundation shall not be construed to be employees of the State of New Jersey. The board shall also be authorized to contract for such professional and administrative services as it shall deem necessary.

h. Upon the incorporation of the New Jersey State Parks and Forests Foundation and the establishment of the first board of directors, the board shall adopt bylaws setting forth the structure, officers, powers, and duties of the foundation.

i. The first chairperson of the foundation shall be the public member first appointed by the Governor. At the first meeting of the foundation held in each subsequent year, the members shall elect one of the public members to serve as chairperson. The members shall annually elect one of the public members as vice chairperson, and shall select a secretary and a treasurer, who need not be members of the foundation. The same person may be elected to serve as both secretary and treasurer.

j. Five members of the board of directors shall constitute a quorum, and action may be taken and motions and resolutions adopted at any meeting thereof by the affirmative vote of a majority of the full membership of the board of directors. No vacancy in the membership of the trust shall impair the right of a quorum of the members to exercise all the powers and perform all the duties of the trust. The foundation shall meet at the call of the chairperson, or upon the request of any four members of the board of directors. The foundation shall in all respects comply with the provisions of the “Open Public Meetings Act,” P.L.1975, c.231 (C.10:4-6 et seq.).

k. The Department of Environmental Protection shall provide staff support to the foundation. The foundation shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as the foundation may require and as may be available to the foundation for its purposes.

3. The New Jersey State Parks and Forests Foundation shall have the power:

a. to sue and be sued in its own name, but members of the board of directors shall be held harmless for acts performed in good faith;

b. to adopt a seal and alter the same at pleasure;

c. to adopt bylaws for the regulation of its affairs and the conduct of its business;

d. to maintain an office or offices at such a place or places within the State as it may designate;

e. to appoint such officers, who need not be members of the foundation, in addition to a secretary and a treasurer, as the foundation deems advisable, and to employ such other employees and agents as may be necessary or desirable in its judgment, to fix their compensation, and to promote and discharge such officers, employees and agents, all without regard to the provisions of Title 11, Civil Service, of the Revised Statutes;

f. to apply for and accept any grant of money from the federal government, which might be or may become available for programs in furtherance of its statutory goals, to subscribe to and comply with any rule or regulation made by the federal government with respect to the application of such a grant, and to enter into and perform any contract or agreement with respect to the application of such a grant;

g. to make, enter into, and perform all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act;

h. to cooperate with and assist, insofar as practicable, any agency of the State or any of its political subdivisions, and any private agency or person in furtherance of the purposes of the foundation; and

i. to do all acts and things necessary or convenient to carry out the powers expressly granted in this act.

4. a. The New Jersey State Parks and Forests Foundation shall have the following powers, in particular:

(1) to solicit and collect monetary donations and receive gifts, grants, devises, and bequests of financial contributions for the development, including stewardship, of State parks and forests;

(2) to accept gifts, legacies, bequests, and endowments for any purpose within the scope of the foundation and, unless otherwise specified by the person making such a gift, legacy, bequest, or endowment of money in furtherance of the foundation, to invest the same in whole or in part in an interest-bearing trust account or general obligations of the State of New Jersey;

(3) to apply all moneys, assets, property, or other things of value it may receive incident to its operation or pursuant to the general purposes of the foundation;

(4) in consultation with the Commissioner of Environmental Protection, to develop and oversee opportunities for the construction and operation of renewable energy generation systems at State parks and forests, provided that:

(a) any renewable energy generation system shall not interfere with the use of the lands for recreation and conservation purposes and shall not violate any development easement, conservation restriction or easement, or other restriction or easement permanently restricting development on the land;

(b) any electric energy generated shall be used first to reduce the energy needs of the State park or forest in which the renewable energy generation system is located; and

(c) any income derived from the location and operation of renewable energy generation system pursuant to this paragraph shall be dedicated for the development, including stewardship, of State parks and forests and be invested or held pursuant to subsection c. of this section;

(5) to advise the Department of Environmental Protection concerning the preparation of master plans and management plans prepared by the department for each State park and forest pursuant to section 5 of P.L.1983, c.324 (C.13:1L-5) in order to enhance outdoor recreational activities and programs within State parks and forests for the benefit of the State's citizens; and

(6) to enter into partnerships with qualifying tax exempt nonprofit organizations or local government units for the development, including stewardship, of lands preserved for recreation and conservation purposes.

b. All funds received by the New Jersey State Parks and Forests Foundation, other than those necessary to pay for the expenses of the foundation, shall be used exclusively for the development, including stewardship, and promotion of State parks and forests. All expenditures for the development, including stewardship, and promotion of State parks and forests shall be undertaken in consultation with the Division of Parks and Forestry or Division of Fish and Wildlife, as applicable.

c. All monetary donations or other financial contributions received by the foundation shall be invested in permitted investments or shall be held in interest-bearing accounts in those depositories selected by the foundation, in conjunction with the State Treasurer, and may be invested and reinvested in permitted investments or as other trust funds in the custody of the State Treasurer in the manner provided by law. All interest or other income or earnings derived from the investment or reinvestment of moneys by the foundation shall be credited to the foundation to be used for the development, including stewardship, of State parks and forests pursuant to this.

5. a. The foundation shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants. The cost thereof shall be considered an expense of the foundation, and a copy thereof shall be filed with the Director of the Division of Budget and Accounting in the Department of the Treasury.

b. The foundation shall prepare and annually submit a report to the Governor, the Commissioner of Environmental Protection, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, documenting the foundation’s activities during the preceding year, together with any recommendations or requests the foundation deems appropriate to further the purposes of the foundation. The report shall include a complete operating and financial statement covering the operations during the year, a specific short range financing plan for the upcoming year, and a long range financing plan for the next five years.

Within 10 days after the report is submitted to the Commissioner of Environmental Protection pursuant to this subsection, the commissioner shall post a copy of the report on the Internet website of the Department of Environmental Protection.

6. This act shall take effect immediately.

STATEMENT

This bill establishes a New Jersey State Parks and Forests Foundation in the Department of Environmental Protection (DEP). The foundation would be devoted to the raising of funds for the support, including maintenance and development, and promotion of New Jersey’s State parks and forests. The foundation would be incorporated as a New Jersey nonprofit corporation pursuant to P.L.1983, c.127 (C.15A:1-1 et seq.), and be organized and operated so that it would be eligible, under applicable federal law, for tax-exempt status and for the receipt of tax-deductible contributions.

The New Jersey State Parks and Forests Foundation would be governed by a board of directors, consisting of nine members, as follows: one representative from the Governor's office, who would serve during the term of the Governor; the Commissioner of Environmental Protection, or the commissioner’s designee; the chairperson of the Garden State Preservation Trust established pursuant to section 4 of P.L.1999, c.152 (C.13:8C-4), or the chairperson’s designee; and six members of the public, to be appointed by the Governor, with the advice and consent of the Senate. The public members are to have expertise in open space preservation, natural lands management, or fundraising, be residents of the State, and at least three are to represent nonprofit organizations having open space preservation or environmental education as their corporate purpose.

The foundation would have the power to: solicit and collect monetary donations and receive gifts, grants, devises, and bequests of financial contributions for the development, including stewardship, of lands preserved for recreation and conservation purposes; in consultation with the DEP Commissioner develop and oversee opportunities for the construction and operation of renewable energy generation systems at State parks and forests; advise the DEP concerning the preparation of master plans and management plans prepared by the department for each State park and forest pursuant to section 5 of P.L.1983, c.324 (C.13:1L-5) in order to enhance outdoor recreational activities and programs within State parks and forests for the benefit of the State's citizens; and enter into partnerships with qualifying tax exempt nonprofit organizations or local government units for the development, including stewardship, of lands preserved for recreation and conservation purposes.

The bill provides that, for the construction and operation of a renewable energy generation system at a State park or forest, the renewable energy generation system is not to interfere with the use of the lands for recreation and conservation purposes and is not to violate any development easement, conservation restriction or easement, or other restriction or easement permanently restricting development on the land. In addition, any electric energy generated by the system would also need to be used, first, to reduce the energy needs of the State park or forest in which the renewable energy generation system is located; and any income derived from the location and operation of a renewable energy generation system is to be dedicated to the development, including stewardship, of State parks and forests.

Under the bill, all funds received by the New Jersey State Parks and Forests Foundation, other than those necessary to pay for the expenses of the foundation, would be used exclusively for the development, including stewardship, and promotion of State parks and forests, and all expenditures by the foundation would be undertaken in consultation with the Division of Parks and Forestry or Division of Fish and Wildlife, as applicable.

New Jersey has a long history of providing State funding for open space preservation programs, including a constitutional dedication of a portion of the Corporation Business Tax (CBT) revenue for certain environmental purposes, a constitutional dedication of a portion of the revenue from the State’s sales and use tax in 1998, and the approval of general obligation bond acts by the voters of the State from 1961 through 2009, generally referred to as “Green Acres bond acts.” State-owned parks and forests, encompassing over 800,000 acres, are administered by the Department of Environmental Protection’s Division of Parks and Forestry and Division of Fish and Wildlife. Caring for lands and resources after they are put into public ownership is a critical element of the State’s open space preservation effort. This bill will help the State to confront the challenge of properly maintaining and stewarding the State’s parks and forests, in light of increased public usage, the increase in public land acreage to be managed, and the limited amount of fiscal resources currently available, in order to improve and enhance the visitor experience and enhance the stewardship of the State’s outdoor recreation resources.